How to explain the creditor and the creditor, and what does the main creditor s right mean

A creditor's right is a civil law right to request another person to do something (act or refrain from acting). Based on the principle of relativity of rights and obligations, the creditor is a debt, that is, it must be a civil law obligation for a certain act (act or omission). Therefore, the relationship between debt and debt is essentially a creditor's right and debt relationship in civil law, and neither creditor's right nor debt can exist independently, otherwise it will lose its meaning.

creditor zhàizhǔ

creditor] a person who lends money to someone else for interest; The person who lends money[1] is the person who owes the debtor, and the debt is the money (in the debtor's relationship), and the person who owns it (the money) is called the "creditor".

A creditor is a person who lends money to someone else.

A debtor is someone who owes someone money and needs to pay it off.

Creditor, commonly known as creditor, is a legal term that corresponds to the debtor. If Party A (which can be a natural person, a corporate legal person or a person, etc.) has the right to require Party B to claim specific services or property, Party A is called a "creditor" and Party B is called a "debtor". In general, the creditor will provide property or services of a certain value to Party B on the assumption that the debtor will repay the debtor to the debtor for services or property of equal value, and this presumption is generally supported by a contract.

For example, if Party A pays Party B for the purchase of Party B's products, and Party B receives the funds but has not yet delivered the products to Party A, Party A is Party B's "creditor" and Party B is Party A's "debtor".

A good way to understand: A borrows 10,000 yuan from B, then B is the creditor of 10,000 yuan, has a claim of 10,000 yuan, and B is A's creditor.

The debt relationship is divided into creditors and debtors, and the creditor is usually the creditor.

1. What is the meaning of the main creditor's right?

1. The main claim refers to the original claim secured by the mortgage, which is the initial claim arising from the main contract between the parties, excluding the agreed interest, liquidated damages and damages. In accordance with the provisions of the relevant laws, under normal circumstances, the guarantee contract is a subordinate contract to the principal creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract shall be invalid.

2. Legal basis: Article 682 of the Civil Code of the People's Republic of China.

The guarantee contract is a subordinate contract of the main creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract shall be invalid, except as otherwise provided by law.

2. The following conditions must be met for the assignment of the main creditor's rights:

1. The assignment of the principal creditor's right must occur within the guarantee period: the guarantee period is the time limit for the guarantee bank to assume the guarantee liability.

2. The assignment of the main creditor's right must be made in accordance with the law or in accordance with the contract: first, there must be a legal and effective main creditor's right, which is the basic premise of the assignment of the main creditor's right. Second, the principal claim must be transferable, and claims that cannot be assigned according to the nature of the claim (such as a claim based on a specific identity or a claim based on a special trust relationship between the original creditor and the debtor) or the agreement of the parties to the original contract cannot be assigned.

Thirdly, the principal creditor and the third party reached a written agreement to assign the creditor's rights. Finally, the assignment of the principal claim shall not violate the provisions of the main contract or the guarantee contract, for example, the main contract stipulates that the assignment of the creditor's right shall be subject to the consent of the principal debtor, but in fact the principal creditor transfers the principal creditor's right without the consent of the principal debtor, and the principal debtor does not quietly recognize it, or the principal creditor and the guarantee bank agree in the letter of guarantee that the transfer of the principal creditor's right must be subject to the consent of the bank, but the main creditor transfers the creditor's right without the consent of the bank, and the bank refuses to recognize it. In such a case, the assignment of the principal claim is beyond the reach of the guarantor bank.

3. The main creditor shall notify the principal debtor of the assignment of creditor's rights.

Legal analysis: The main claim is the original claim secured by the mortgage, and it is the initial claim generated by the main contract between the parties, excluding the agreed interest, liquidated damages, and damages. From the creation to the extinction of the mortgage right, it is for the purpose of satisfactorily realizing the main claim, so there is no doubt that the main claim belongs to the scope of the mortgage guarantee.

Article 700 of the Civil Code of the People's Republic of China After the guarantor assumes the guarantee liability, it has the right to recover from the debtor within the scope of the guarantee liability and enjoy the rights of the creditor against the debtor, but shall not harm the interests of the creditor.

The main claim refers to the creditor's right to require the debtor to perform the debt. Between the creditor and the debtor, the creditor has the highest claim and can have the priority claim, which is the main claim. This article will explain in detail the definition, characteristics, and types of master claims, as well as their role in debt financing.

1. Definition of principal creditor's right.

The main claim refers to the creditor's right to require the debtor to perform the debt. The main claim is a priority claim, which means that the creditor has the right to require the debtor to perform the debt, and between the creditor and the debtor, the creditor has the highest claim and can have the priority claim, which is the main claim.

2. Characteristics of the main creditor's rights.

1. Priority of creditor's rights: the main creditor's right is a preferential creditor's right, the creditor has the right to require the debtor to perform the debt, and the creditor has the highest creditor's right and can have the priority creditor's right, which is the main creditor's right.

2. The collateral can be guaranteed: the main creditor's right can protect the creditor's rights and interests through the security of the collateral, and if the debtor cannot perform the debt on time, the creditor can obtain the repayment of the creditor's right through the security of the collateral.

3. Transferable: The main creditor's right can be transferred, and the creditor can transfer its creditor's right to other creditors to obtain the income from the debtor's performance of the debt.

3. Types of principal claims.

1. Bank loan: Bank loan refers to the loan issued by the bank to the borrower according to the borrower's capital needs and in accordance with the legal procedures, and the borrower repays the loan according to the agreed term and interest rate. This type of claim is the main debt and the right to ignore it.

2. Bonds: Bonds refer to a kind of debt certificate issued by the bond issuer, which stipulates the debt of the bond issuer, that is, the creditor's rights owned by the bondholder. Bondholders can obtain claims through bonds, which are also master claims.

3. Pledged bonds: Pledged bonds refer to bonds issued by bond issuers in the form of pledges, and bondholders can obtain claims through the guarantee of pledges, which is also the main creditor's rights.

Fourth, the role of master creditor's rights in debt financing.

1. Protect the rights and interests of creditors: The main creditor's rights can protect the rights and interests of creditors, and creditors can obtain the repayment of creditor's rights through the security of collateral to protect the rights and interests of creditors.

2. Stabilize the debt market: The main creditor's right can stabilize the debt market, and creditors can transfer their claims to other creditors to protect the stability of the debt market.

3. Improve the efficiency of debt financing: The main creditor's right can improve the efficiency of debt financing, and creditors can obtain debt financing faster, so as to improve the efficiency of debt financing.

The main creditor's right refers to the creditor's right to require the debtor to perform the debt, which has the characteristics of priority of creditor's rights, collateral can be guaranteed, can be transferred, etc., mainly bank loans, bonds, pledged bonds and other types. Master claims can protect the rights and interests of creditors, stabilize the debt market, and improve the efficiency of debt financing.

This paper introduces in detail the definition, characteristics, types and role of master claims in debt financing, which is a preferential claim, which can protect the rights and interests of creditors through the security of collateral, and can also be transferred, which can protect the rights and interests of creditors, stabilize the debt market and improve the efficiency of debt financing.

The main claim is the original claim secured by the mortgage right of distress, and it is the initial claim arising from the main contract between the parties, excluding the agreed interest, liquidated damages, and damages. From the creation to the extinction of the mortgage right, it is for the purpose of satisfactorily realizing the main claim, so there is no doubt that the main claim falls within the scope of mortgage security.

1. Is the statute of limitations for the main creditor's right interrupted and the mortgage right interrupted?

The statute of limitations for the main claim is interrupted, and the mortgage is generally not interrupted. As long as the time period of the main claim is litigated, the mortgagee can still exercise the mortgage right. That is to say, after the statute of limitations for the principal creditor's right has passed, the mortgagee loses the right to win the lawsuit under the protection of the people's court, and the mortgage itself is not extinguished, and if the mortgagor voluntarily performs the guarantee obligation, the mortgagee can still exercise the mortgage right.

2. Whether the guarantor has the right not to repay the interest.

Whether the guarantor has the right not to repay the interest depends on the contract signed between the guarantor and the creditor. If interest is claimed, it needs to be repaid.

The scope of the guarantee includes the principal claim and interest, liquidated damages, damages and costs of realizing the claim. If the guarantee contract provides otherwise, it shall be in accordance with the agreement. If the parties have not agreed on the scope of the guarantee or the agreement is not clear, the guarantor shall be liable for all debts.

The guarantor and the creditor shall sign a guarantee contract in writing.

3. What is the difference between the registration of the maximum pledge and the registration of a general mortgage?

The main differences between the maximum pledge registration and the general mortgage registration are as follows: First, the number of secured claims is different. The time at which the two secured claims arise is different.

Third, at the time of establishment, the content of the guarantee determined is different. Fourth, in terms of transfer, if the general mortgage requires the transfer of creditor's rights, the mortgage right will also be transferred with the block; The maximum mortgage of the maximum mortgage is not transferable. Fifth, in terms of extinguishment, if the general mortgage requires the main creditor's right to be extinguished, the mortgage right is also extinguished.

Civil Code of the People's Republic of China

Article 388:To establish a security interest, a security contract shall be concluded in accordance with the provisions of this Law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with security functions. The guarantee contract is a subordinate contract of the main creditor's rights and debts.

If the principal creditor's rights and debts contract is invalid, the guarantee contract shall be invalid, except as otherwise provided by law.

After the guarantee contract is confirmed to be invalid, if the debtor, the guarantor and the creditor are at fault, they shall each bear the corresponding civil liability according to their fault.

Article 389:The scope of security for a security interest includes the principal creditor's right and its interest, liquidated damages, damages, and expenses for keeping the secured property and realizing the security interest. Where the parties agree otherwise, follow their agreement.

Creditor's right, the symmetry of "debt". It refers to the right of the subject of rights in the debt relationship to require the subject of the obligation to perform certain acts or not to perform certain acts. Claims and debts together constitute the content of debts. Creditor's rights correspond to property rights and become an important part of property rights.

Compared with property rights, claims have the following characteristics:

1) The object of the creditor's right may be a thing or a certain act of performing an obligation; And the object of property right is only things.

2) The subject of the right of the creditor's right and the subject of the obligation can only be a specific person; The subject of property rights is only specific, while the subject of obligations is uncertain.

3) There is no recovery of creditor's rights, but there is recovery of property rights. Claims can be divided into claims arising from contracts, claims arising from torts, claims arising from unjust enrichment, and claims arising from management without causes. Due to the number of creditors, it can be divided into single claims and majority claims; Because the liability relationship between creditors can be divided into share claims and joint and several claims; Due to the selectivity of debt performance, it can be divided into four simple claims and optional claims.